Wage and Hour Over-Time

News & Analysis as of

Is the DOL Lowering the Salary Threshold in its Overtime Regulations?

As the Office of Management and Budget continues to consider the DOL’s proposed regulations – to drastically increase the minimum salary that employees must be paid in order to be exempt from payment of overtime – industry...more

Retailers Share Struggles and Strategies in Preparing for Overtime Changes

The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21–22,...more

One Year Later: The DOL’s “New” Overtime Rules Are Finally On The Way – Get Ready!

Almost one year ago, we reported that “the speculation was over” regarding the U.S. Department of Labor’s (DOL) long-awaited “Notice of Proposed Rulemaking” (NPRM) which addressed overtime exemptions and minimum salary...more

New Salary Threshold May Be About $47,000

According to a report from Bloomberg BNA, unnamed DOL staffers have stated that the salary threshold in the hotly anticipated FLSA exemption rules will be about $47,000 per year, down slightly from the $50,440 level suggested...more

Countdown to the Final Overtime Rule: The Clock Is Ticking on Your Current Exemptions

On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more

We Get Out Our Crystal Balls on the Imminent DOL Overtime Rules

The prognostication efforts are going into high gear as employers seek to forecast and prepare where the Department of Labor may land on its final overtime rules. As with all rules in the post-comment phase, government...more

Salary Threshold To Be Approximately $900?

According to Bloomberg BNA, reports are that the new minimum salary for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions will annualize to "about" $47,000. The actual salary requirement is not...more

Sources Reporting Salary Basis Threshold In Final Rule Lowered to $47,000

Multiple sources are reporting that the DOL’s Final Rule regarding the exempt status salary basis threshold will set the minimum salary at approximately $47,000 per annum, rather than the previously-reported $50,440. ...more

A Salary "Credit" Is Already "Permitted"

The U.S. Labor Department's commentary regarding its proposed federal Fair Labor Standards Act Section 13(a)(1) exemption regulations said that it might "permit" employers to "count" or "credit" against the impending higher...more

Minimum Salary Threshold for Overtime Exemption Likely to Be $50,544

In preparing for the soon-to-be published revisions to the federal overtime regulations under Part 541 of the Fair Labor Standards Act (FLSA), one of the significant challenges employers face is continuing uncertainty as to...more

Advising On Their Own: Financial Advisors’ Class Claims Defeated

Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class...more

Utah Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Ready For The Looming Exemption Changes?

The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain.  But a growing consensus is that they are likely to be...more

Ready, Set, Go! New Overtime Rules Are Coming!

In spite of an avalanche of comments to the Department of Labor’s (“DOL”) proposed new rules under the Fair Labor Standards Act regarding overtime (the “rules”), it now appears that the rules will become final in May and go...more

New Overtime Rules May Be Here Sooner than Expected

The timeline for adoption of the Final Rule of proposed changes to the white collar overtime exemption has been hard to pin down. In early November of 2015, Solicitor of Labor M. Patricia Smith, during a panel discussion at...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

What’s on the Horizon for U.S. Employers in 2016?

While the upcoming U.S. Presidential election and on-going Congressional gridlock make it unlikely any new federal employment laws will be enacted in the U.S. in 2016, employers can expect federal agencies to continue their...more

DOL’s Proposed Overtime Rule Advances Ahead of Schedule

On March 14, 2016, the Department of Labor (“DOL”) submitted its overtime rule, entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” to the...more

California $15 Minimum Wage Bill Awaits Governor’s Signature

On March 31, 2016, the California legislature approved the nation’s highest statewide minimum wage. SB-3, approved in both the State Senate and Assembly, will increase the state’s minimum wage to $15.00 per hour by 2022. ...more

DOL Expected To Publish Final Overtime Change Within Ninety Days Now

As reported here previously, the U.S. Department of Labor (DOL) has proposed amending the regulations under the Fair Labor Standards Act (FLSA) to increase the minimum salary for employees to qualify for the executive,...more

Update on Publication of the New FLSA Overtime Regulations

The final overtime rule is edging closer to release: the U.S. Department of Labor (USDOL) has sent its final changes for determining which workers are eligible for overtime pay to the Office of Management and Budget (OMB) for...more

Washington, D.C. Update – March 2016

With only a handful of items currently active on the House and Senate agendas, FY17 appropriations legislation is the major legislative game in town. The House and Senate Appropriations Committees are moving forward with...more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

More On The New Rules For White-Collar Exemptions: Strategies To Consider

Last week, we highlighted the Department of Labor’s (DOL) new proposed amendments to the “white-collar” exemption regulations. As the proposed rules move closer to becoming final this summer, with an effective date 60 days...more

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